Facing criminal charges can pose serious problems for anyone: jail, fines, probation, employment difficulties. But criminal charges mean additional problems for one group: those who are not U.S. citizens. While this area of the law is quite complicated, in addition to the ordinary penalties, a criminal conviction in many instances can bring serious consequences for the immigration status of non-citizens, including deportation, exclusion (being barred from entering this country), and becoming ineligible for citizenship, among other problems.

What makes the situation worse is that many of those affected by this – and even some lawyers – do not fully comprehend the damage a non-citizen can incur due to a run-in with law enforcement. In fact, a 2010 Supreme Court decision (Padilla v. Kentucky) held that, due to what it termed a “clear” risk of deportation following guilty pleas to many criminal charges, defense lawyers have a Sixth Amendment duty to advise non-citizen clients correctly on those risks.

One common misconception is that the interplay of criminal law and immigration status only concerns persons who are not legally in this country. In fact, lawfully admitted permanent residents (green card holders) and temporary residents on valid visas, can face serious problems in the wake of criminal charges, not just aliens here without legal authorization.

Section 1227(a)(2) of the immigration title of the U.S. Code specifies a large number of criminal offenses for which aliens can be deported (including firearms offenses, drug offenses above possession of 30 grams of marijuana for personal use, crimes of domestic violence, stalking, failure to register as a sex offender, or child abuse, neglect or abandonment.)

But this same section of immigration law also contains several more general grounds for deportation. These include conviction, generally within five years of first being admitted to this country, of a crime involving “moral turpitude” (one which manifests signs of bad character, such as dishonesty, theft, or the intent to harm people or property), where the potential sentence is a year or longer.

That one-year threshold means that many common New York misdemeanors, such as driving under the influence or shoplifting items valued at less than $1,000, can bring serious immigration consequences for non-citizens. In fact, it was to avoid California misdemeanor offenses bringing in their wake immigration consequences for non-citizens that California Gov. Brown last July signed into new state law setting a 364-day maximum sentence for misdemeanor offenses there.

Other grounds for deportation and permanent exclusion include any “aggravated felony,” a term under which section 1101(a)(43) of the immigration title incudes over 20 different offenses (ranging from murder, rape, child pornography and drug or firearms trafficking, to money laundering, tax evasion of over $10,000, and many others). Another grounds for deportation is conviction of two or more crimes of moral turpitude at any time since admission to the U.S., regardless of whether a sentence was imposed, unless they were part of a single scheme of criminal misconduct.

An even wider range of offenses can prevent an alien from being able to enter the country lawfully, as can admissions of having engaged in certain crimes or conduct, even without criminal charges being filed.

Making a difficult subject even more complex, for immigration purposes, a “conviction” need not mean being found guilty of a crime and sentenced for it. Instead, immigration problems can be triggered by a guilty plea, or even a suspended sentence or an administrative procedure disposing of a criminal case short of what most people would think a criminal conviction would mean.

If you are a non-citizen facing a criminal charge in New York, make sure that any counsel you see thoroughly understands and can advise you on the possible consequences for your ability to remain in this country, become naturalized or re-enter the country again after you travel outside it.

The client was charged with driving while impaired by drugs. We showed the DA’s office the client suffered from hyperkalemia, a medical condition caused by an elevated level of potassium which can cause fatigue, lethargy and confusion. All charges were dismissed.

Client was charged with Robbery in the Second Degree. He was with a friend who robbed a person sitting in a parked car. We were able to show the DA’s office that our client had no knowledge of his friends intent. We were able to get the felony reduced to a Disorderly Conduct which is a non criminal offense.

Client was charged with Criminal Posession of a Weapon and was facing a minimum of three and one half years. During an evidentiary hearing we were able to show that the police confuted an illegal search the gun was suppressed and the charge was dismissed.

Client was charged with Grand Larceny. It was her 7th arrest during the previous 10 years. The DA’s office was not offering a reduced charge and was requesting jail time. We got the client involved in a work and parenting program and were able to secure a plea to a misdemeanor without jail or probation.

Client was charged with Unlawful Surveilence. After his plea of guilty it was a discretionary decision to be made by the court as to weather he had to register as a sex offender. Through our efforts we were able to have him sentenced without having to register.

Client Testimonials

"I can’t thank Scott enough for helping me. I had never been arrested before and found myself in the middle of a nightmare. I was arrested for and charged with criminal Mischief in the Third degree which is a class E Felony. Scott was first able to get the charge reduced to a misdemeanor. He was then able to see that the case was completely dismissed."

T.T.Charged with Felony Assault and Criminal Mischief in Queens County

"Scott Limmer is a very knowledgeable Nassau County NY lawyer and has been extremely helpful to me and my family over 8 months of court. He knows how to handle the ADA and his tenacity has been untiring. The quality of his work is in the ending of the case, with justice being served and correct. We are very fortunate and thankful to have found Scott Limmer to represent us. Thank you Scott and God Bless"

F.L.Arrested for Robbery in the Second Degree in Nassau County

"Scott Limmer is a man of his word and an attorney with integrity above reproach. When one needs a criminal attorney it is usually the most harrowing time of your life. Scott Limmer makes a horrible situation easier. He speaks in layman’s terms and explains your situation every step of the way. He keeps the costs to a minimum and delivers beyond expectations. I would recommend choosing Scott Limmer as your attorney hands down."

A.O.Arrested for Suffolk County Felony

"I was arrested for a felony Mr. Limmer would not agree to any of the offered plea bargains. He was able to get the case dismissed. I can’t thank him enough for his hard work and professionalism."

D.D.Arrested for Falsifying Business Record in the First Degree in Nassau

"Scott helped me thru a very difficult 20 months of navigating thru the Nassau county legal system. His advice was on the money from the start to the end. Amicable, tenacious and knowledgeable, just some of the words to describe him…In the end I credit his guidance in helping me get the just court decision…But then again he knew the outcome….thanks Scott…we remain in touch to this day and my case was over almost two years ago…"

T.C.Arrested for Assault in the Third Degree in Nassau County

"Helped me thoroughly with all my traffic dealings. He is my go to guy for my company. Scott is the best."